sec.15Functions and powers of AER

sec.15 Functions and powers of AER

The AER has the following functions and powers— to monitor compliance by— Registered participants and other persons with this Law, the Regulations and the Rules; and regulated network service providers with network revenue or pricing determinations; and AEMO with this Law, the Rules, the Regulations or a transmission determination; and to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— this Law, the Regulations and the Rules; and in particular— in the case of a person undertaking a trial project under a trial Rule-the trial Rule and any requirements imposed by the AEMC under section 104B ; and in the case of a person undertaking a trial project under a trial waiver-the trial waiver and any conditions to which the trial waiver is subject; and to institute and conduct proceedings— against persons under section 61 of this Law or section 44AAG of the Competition and Consumer Act 2010 of the Commonwealth; or in respect of Registered participants under section 63 of this Law; or against persons under section 68 of this Law; or in relation to offences against this Law; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and to exempt persons proposing to engage, or engaged, in the activity of owning, controlling or operating a transmission system or distribution system from being registered as Registered participants; and to prepare and publish reports on the financial and operational performance of network service providers in providing electricity network services; and to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and to implement and administer the market liquidity obligation in accordance with the Rules; and AER wholesale market monitoring functions and AER wholesale market reporting functions; and to make a rate of return instrument; and AER economic regulatory functions or powers; and AER trial waiver functions; and any other functions and powers conferred on it under this Law and the Rules. The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. However, the AER— cannot make a transmission determination— regulating the revenue AEMO earns or may earn; or regulating the price of electricity network services provided by AEMO unless the services are shared transmission services provided by means of, or in connection with, a declared shared network; and cannot regulate by transmission determination or in any other way the price of any other service provided by AEMO, or the amount of any other charge made by AEMO. s 15 amd 2007 No. 53 (SA) s 13 ; 2009 No. 31 (SA) s 11 ; 2011 No. 7 (SA) s 14 ; 2016 No. 56 (SA) s 5 ; 2018 No. 33 (SA) s 5 ; 2019 No. 10 (SA) s 8 ; 2021 No. 9 (SA) s 7 ; 2022 No. 22 (SA) s 6 (sec.15-ssec.1) The AER has the following functions and powers— to monitor compliance by— Registered participants and other persons with this Law, the Regulations and the Rules; and regulated network service providers with network revenue or pricing determinations; and AEMO with this Law, the Rules, the Regulations or a transmission determination; and to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— this Law, the Regulations and the Rules; and in particular— in the case of a person undertaking a trial project under a trial Rule-the trial Rule and any requirements imposed by the AEMC under section 104B ; and in the case of a person undertaking a trial project under a trial waiver-the trial waiver and any conditions to which the trial waiver is subject; and to institute and conduct proceedings— against persons under section 61 of this Law or section 44AAG of the Competition and Consumer Act 2010 of the Commonwealth; or in respect of Registered participants under section 63 of this Law; or against persons under section 68 of this Law; or in relation to offences against this Law; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and to exempt persons proposing to engage, or engaged, in the activity of owning, controlling or operating a transmission system or distribution system from being registered as Registered participants; and to prepare and publish reports on the financial and operational performance of network service providers in providing electricity network services; and to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and to implement and administer the market liquidity obligation in accordance with the Rules; and AER wholesale market monitoring functions and AER wholesale market reporting functions; and to make a rate of return instrument; and AER economic regulatory functions or powers; and AER trial waiver functions; and any other functions and powers conferred on it under this Law and the Rules. (sec.15-ssec.2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (sec.15-ssec.3) However, the AER— cannot make a transmission determination— regulating the revenue AEMO earns or may earn; or regulating the price of electricity network services provided by AEMO unless the services are shared transmission services provided by means of, or in connection with, a declared shared network; and cannot regulate by transmission determination or in any other way the price of any other service provided by AEMO, or the amount of any other charge made by AEMO.